What is Negligent Hiring?

On behalf of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Wednesday, June 24, 2015.

Everyone has that one coworker-someone who creeps you out, or who won't leave you alone. Maybe you put up with it because it's merely annoying and not dangerous or abusive. But what happens when you discover that your creepy coworker has a past history of escalation in situations like yours? And what if your company neglected to do a background check that would have revealed this information?

A situation like the one described here is called negligent hiring. It's when a company fails to uphold its responsibility of thoroughly checking out the backgrounds of individuals before it hires them. A negligent hiring case could be valid if a person gets hired into a position that allows them the access to injure others, such as students, patients, or other members of the community.

So how could you prove negligent hiring? If the screening process for a position or individual varies greatly from other individuals in that position or the best practices for that industry, it may be a factor. For example, if all accountants at your company have to undergo background check, drug test and reference check, but one didn't because his brother was the CEO, that situation could constitute negligent hiring.

For a negligent hiring lawsuit to be valid, you must be able to show that the company did not exercise care in the hiring of an individual, and because that care was not taken, the employee had access to people, events, or places that they should not have been, and that access allowed them the opportunity to harm someone. In these lawsuits, it's up to the plaintiff, or the individual who brings the lawsuit to prove negligence on the part of the employer.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.

Our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304.523.8451 or contact us online to schedule an appointment.

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